Why convicted heroin dealer wants records of cop facing cocaine possession charge
In a bid for a new trial, a St. Charles man convicted of selling heroin in 2017 wants to see the personnel records of a Kane County sergeant who worked on the case and recently was charged with cocaine possession.
A Kane County jury in July 2019 convicted Johnny L. Williams, 59, of three felony counts of possessing heroin with intent to deliver while he was on parole.
Williams, who also is one of four people charged in a fatal overdose of a Sugar Grove woman in February 2016, has not been sentenced yet and his defense attorney has subpoenaed the personnel records of Aaron J. Feiza.
Feiza, 44, of South Elgin, who was charged in late 2019 with felony cocaine possession and is currently on leave from the sheriff's office, was the lead investigator in Williams' 2017 heroin delivery case.
"We are waiting to amend our motion for new trial and Feiza's conduct is relevant to that," said Ron Dolak, a Kane County assistant public defender representing Williams.
Dolak argued in a court motion that Feiza seized 16 small bags of heroin during a search of Williams' home in early 2017, but only 15 bags were turned over to state police for testing.
Dolak also argued in his motion that state police said in a petition for a wiretap that they spoke to a confidential source in April 2019 about Feiza using cocaine with the confidential source. The source also said Feiza could get the source marijuana and cocaine and that Feiza "has given approximately one pound of cannabis seized during an arrest to one of his friends," according to court records.
"Williams argued the evidence allegedly found in his truck and at his residence was mishandled," Dolak argued. "Feiza's pending criminal matter and the allegations from the confidential informant about his drug use and mishandling evidence illustrate Feiza's clear disregard of his office and the law. The allegations from the confidential informant indicate a possible drug abuse issue on the part of Feiza."
Kane County prosecutors objected, arguing the request was "overbroad" and a "fishing expedition," according to court records.
Judge John Barsanti on Thursday overruled prosecutor's objections and will review the records in his chambers.
Williams is next due in court on Feb. 28; he faces up to 15 years in prison for his conviction of possession of a controlled substance with intent to deliver. He also faces a sentence ranging from six to 30 years in prison if convicted of drug-induced homicide in the Feb. 20, 2016, overdose of Ashley Mastel, 21, who was found in her Sugar Grove Township house.
Williams is being held without bond at the Kane County jail.